Nakul Sarkar v. Employees State Insurance Corporation And ANR.

27.08.2025 Ct. No. 30 S.L. No.5 SM WPA 18465 of 2025 Nakul Sarkar

Versus

Employees' State Insurance Corporation and anr.

Mr. Uddipan Banerjee Mr. Subhrakanti Samanta ......for the petitioner Mr. Satyendra Agarwal ......for the respondent no. 1&2 1.

The writ application has been preferred praying for expeditious disposal of the injunction application and application under Section 75(2B) of the Employees State Insurance Act, 1948.

2.

It appears that the matter is pending before the learned ESI Court and the Court has fixed the next date of hearing on 8th December, 2025.

3.

Admittedly, the tender case before the ESI Court was filed on July, 2025. The ESI Court has fixed a date for hearing of the matter after six months.

4.

It is submitted by the learned counsel that the petitioner has challenged the garnishee order dated 2nd July, 2025 issued under Section 45G of the ESI Act before the ESI Court but considering that the matter has been fixed in December, 2025, the petitioner will suffer irreparable loss and injury, if the garnishee order is put into execution.

5.

Considering the materials on record, the garnishee order dated 2nd July, 2025 be stayed till disposal of the case before the ESI Court.

6.

ESI Court to dispose of the proceedings before it expeditiously.

7.

Writ application stands disposed of.

8.

Applications, if any, connected thereto stand disposed of consequently.

9.

Interim order, if any, stands vacated.

10.

Photostat certified copy of this order, if applied for, be given to the parties on priority basis upon compliance of all formalities.

[Shampa Dutt (Paul). J]